Law Commons^™

Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu

Research Collection Yong Pung How School Of Law

The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with …

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.

Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares

Duke Law & Technology Review

E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11.

Public Access To Legal Resources On The Internet, Alice M. Mccanless

The Southeastern Librarian

In the not so distant past, before the Internet, doing legal research necessitated access to either a substantial law collection or one of the expensive legal databases, Lexis-Nexis or Westlaw. That limited legal reference to law librarians, some special librarians and reference librarians at large university or public libraries. The Internet has changed all of that, giving any library with an Internet connection access to a wealth of current law, especially at the state and federal level.

Based on a presentation at the Joint Conference of the Georgia Council of Media Organizations and Southeastern Library Association on October 12, 2000.

Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch

Duke Law & Technology Review

The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems.

The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares

Duke Law & Technology Review

On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes.

The Role Of The Internet In Chinese Foreign And Domestic Affairs, Jean Bowman Leedy

Graduate Program in International Studies Theses & Dissertations

Problem: Rapid dissemination of Internet technology and the free access to information it affords poses a threat to non-democratic states that rely on control of information to maintain power and stability. This is of substantial concern to the Communist regime in The People's Republic of China due to the fact that its repressed population constitutes the fastest growing body of Internet users in the world.

Methods: This paper examines the potential impact of the Internet on Chinese foreign and domestic policy through interpretation of existing literature as it applies to the Internet, interviews with experts studying the emergence of China's …

Freelance Articles And Electronic Databases: Who Owns The Copyrights?, Christine Soares

Duke Law & Technology Review

There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it.

The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.

Donna M. Hughes

The trafficking in women and children for sexual exploitation is a global human rights crisis being

perpetrated by individual criminals and organized crime groups, and facilitated by increased tolerance

for the sexual exploitation and sexual abuse of women and children.

New communications and information technologies have created a global revolution in

communications, access to information, and media delivery. There are a lot of positive aspects to the

global revolution, but there are also some very negative ones. This report describes the most negative

ones—how communications and information technologies are used to facilitate the trafficking of

women and children for sexual …

Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk

Duke Law & Technology Review

When digital television technology first hit the scene it garnered great excitement, with its promise of movie theater picture and sound on a fraction of the bandwidth of analog. A plan was implemented to transition from the current analog broadcasting system to a digital system effective December 23, 2006. As we reach the half point of this plan, the furor begins to die as the realities of the difficult change sink in.

An Interview With Michael Froomkin, Kathleen E. Fuller

Duke Law & Technology Review

A. Michael Froomkin is an Administrative Law and Internet Law scholar from the University of Miami School of Law and a vigorous critic of the Internet Corporation for Assigned Names and Numbers (ICANN). He is the author of a controversial new law review article, Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution, 50 DUKE L.J. 17 (Oct. 2000), available at http://www.law.duke.edu/journals/dlj/. In his new article, Professor Froomkin argues that ICANN's relationship with the Department of Commerce is illegal. We interviewed Professor Froomkin via e-mail about his new article and about other recent ICANN-related events, …

Icann: The Debate Over Governing The Internet, Kathleen E. Fuller

Duke Law & Technology Review

Since its creation, the Internet Corporation for Assigned Names and Numbers (ICANN) has been the subject of criticism and controversy. ICANN is a private non-profit corporation that operates under contract with the US Department of Commerce. It was created at the request of the government for the purpose of privatizing the Domain Name System (DNS), the addressing system on which the Internet depends. The creation of ICANN in 1998--what some have called cyberspace's own "constitutional moment" -- represented a substantial shift in power to control the Internet from government to private industry. Today, ICANN is facing a virtual revolt. Domain …

Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Americans With Disabilities Act And Academic Libraries In The Southeastern United States, Linda Lou Wiler, Eleanor Lomax

E-JASL 1999-2009 (Volumes 1-10)

Individuals with disabilities are one of the fastest-growing segments of United States society. In 1970, 11.7% of the United States population was limited in activity, a major factor in measuring and identifying people with disabilities. In 1990, because of the aging of America, 13.7 % of the population could be so identified. By 1994, 15% of the population fell into this group. During this latter period, the older population stayed fairly stable but children and younger adults with disabilities increased greatly. Many different figures, depending upon the method of counting, e.g., age groups included, or whether residence was in a …

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Courtroom Technology, A Judicial Primer, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Threat Of Long-Arm Jurisdiction To Electronic Commerce, Robert J. Aalberts, Anthony M. Townsend, Michael E. Whitman

Faculty and Research Publications

Unfortunately for those whose businesses rely on the Internet, an increasing amount of legal conflict is also arising in reaction to this new business medium. As attorneys and the courts attempt to sort out the Internet’s legal status quo, both are considering such pressing substantive issues as electronic contracts, privacy, trademark, copyright, defamation, computer crimes, censorship, and taxation. It is imperative that information system professionals become aware of how evolving Internet law will affect the medium they are charged with administrating. An informed IS community is also much more capable of mounting legal and political challenges to law that might …

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies

Cable Television In Massachusetts, Padraig O'Malley

John M. McCormack Graduate School of Policy and Global Studies Publications

Today the electromagnetic spectrum is crowded with signal traffic used for just about every conceivable communications purpose, ranging from standard navigational time signals at the Very Low Frequency band to satellite communications at the Superhigh Frequency band. Between these two frequency extremes there are five other frequency bands — Low Frequency, Medium Frequency, High Frequency, Very High Frequency, and Ultra High Frequency — each of which can accommodate only a limited number of uses, and each of which is better suited for some uses than for others. Because the spectrum was, like oil, once believed to be in almost unlimited …